2 - CUP18-25;CUP19-2_307 E FIRST STREET

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Resolution No. 2019-xx Page 5 of 7 The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. Providing a variety of full-service restaurants with extended hours of operation offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on this conditional use permit that will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15301. Class 1 consists of the operation, repair, maintenance permitting, leasing, licensing, or minor alterations of existing public or private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The project involves the issuance of an ABC license and after-hours operations along with minor tenant improvements within an existing commercial building. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-25 for the alcoholic beverage control license for the sale of alcohol for on-premises consumption for the project located at 307 East First Street, Unit 1-A and 1-C, and hereby approves Conditional Use Permit No. 2019-02 for the after-hours operation, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 28, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 2-13